. >> rose: does kennedy command the sense he is the new sandra day o'connor or not. >> he. >> kennedy is a mercurial figure, some refer to him as a moderate, that is a mistake, he is actually an extreme mist in his views in many areas he just happens to have unusual preoccupations that are not necessarily consistent with detrimentally and republican politics. for example, he is the court's leading spokesman on the issue of at a rights and the author of the two most important gay rights decisions and relatively liberal on the subject of the death penalty, but on the vast majority of other subject like the civil procedures stuff we were talking about, well national security he decided with the liberals occasionally, certainly civil rights, certainly the healthcare case, he has been. >> rose: predictable vote on healthcare? >> no. >> sterltly a lot of the arguments were pitched to him, that people thought he was the swing vote and we were all looking in the wrong place. >> rose: john roberts he has the possibilities of being a great justice? >> oh, absolutely. >> rose: a great chief. >>